2006 Minnesota Code
Chapters 43A State Employment
Chapter 43A Department of Employee Relations
Section 43A.19 AFFIRMATIVE ACTION.

43A.19 AFFIRMATIVE ACTION.
Subdivision 1. Statewide affirmative action program. (a) To assure that positions in
the executive branch of the civil service are equally accessible to all qualified persons, and to
eliminate the underutilization of qualified members of protected groups, the commissioner shall
adopt and periodically revise, if necessary, a statewide affirmative action program. The statewide
affirmative action program must consist of at least the following:
(1) objectives, goals, and policies;
(2) procedures, standards, and assumptions to be used by agencies in the preparation of
agency affirmative action plans, including methods by which goals and timetables are established;
(3) the analysis of separation patterns to determine the impact on protected group members;
and
(4) requirements for annual objectives and submission of affirmative action progress reports
from heads of agencies.
(b) The commissioner shall establish statewide affirmative action goals for each of the
federal Equal Employment Opportunity (EEO) occupational categories applicable to state
employment, using at least the following factors:
(1) the percentage of members of each protected class in the recruiting area population
who have the necessary skills; and
(2) the availability for promotion or transfer of current employees who are members of
protected classes.
(c) The commissioner may use any of the following factors in addition to the factors required
under paragraph (b):
(1) the extent of unemployment of members of protected classes in the recruiting area
population;
(2) the existence of training programs in needed skill areas offered by employing agencies
and other institutions; and
(3) the expected number of available positions to be filled.
(d) The commissioner shall designate a state director of diversity and equal employment
opportunity who may be delegated the preparation, revision, implementation, and administration
of the program. The commissioner of employee relations may place the director's position in the
unclassified service if the position meets the criteria established in section 43A.08, subdivision 1a.
Subd. 2.[Repealed, 1Sp1985 c 13 s 376]
Subd. 3. Exemptions. Implementation of the provisions of this section shall not be deemed a
violation of other provisions of this chapter or chapter 363A.
History: 1981 c 210 s 19; 1982 c 560 s 29; 1Sp1985 c 13 s 171; 1988 c 667 s 10; 1995 c 248
art 10 s 7; 1999 c 182 s 13; 2004 c 287 s 2